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Justices' Heads In The Cloud During Aereo Hearing

U.S. Supreme Court justices grilled attorneys for both Aereo Inc. and the big broadcasters Tuesday, expressing strong skepticism about the legality of the streaming service but also pushing the networks to explain how the court could avoid a ruling in the copyright battle that harms cloud computing.

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  • Texas' Atty Fee Statute — Elevating Form Over Substance?

    James W. Holbrook III

    Section 38.001 of the Texas Civil Practice Remedies Code is cited as a basis for the recovery of attorneys' fees in virtually every breach of contract action asserted under Texas law. However, the statute’s brevity raises several questions regarding its scope and application, including who qualifies as an “individual or corporation” against whom such a fee award may be entered. The issue was tackled head-on in Fleming & Associates v. Barton, says James Holbrook III of Zelle Hofmann Voelbel & Mason LLP.

  • Reps And Warranties Insurance Rises In Health Care Deals

    Geoffrey C. Cockrell

    In the health care sector, many companies operate in gray areas of the law, where formal governmental guidance is not always available and industry practices tend to gravitate toward more aggressive interpretations. Insurance that provides coverage for losses arising from unintentional and unknown breaches of representations and warranties made in an acquisition or merger agreement can be a bridge across any concerns, say attorneys with McGuireWoods LLP.

  • Coming To A CGL Policy Near You: Data Breach Exclusions

    Roberta Anderson

    Against the backdrop of Target Corp.’s massive data breach and the recent Heartbleed headache, the insurance industry’s imminent implementation of a series of new cybersecurity data breach exclusionary endorsements, which were issued for use with standard-form liability policies, should prompt organizations to carefully review their insurance policies for potential data breach coverage and consider purchasing cybersecurity insurance, says Roberta Anderson of K&L Gates LLP.

  • Don't Forget Export Rules When Hiring Foreign Nationals

    James Losey

    The U.S. Bureau of Industry and Security's recent $115,000 settlement with Intevac Inc. for violations of the Export Administration Regulations, including allowing certain non-U.S. national employees access to controlled technology, emphasizes the need to assess potential export control requirements when applying for a work visa on behalf of a foreign national employee, say James Losey and Sarah Flannery of Thompson & Hine LLP.

  • How To Get Out Of Dodge: Patent Venue Transfer Strategies

    Rob Isackson

    Although venue motions should typically be filed quite early on in the proceedings, there is an inherent tension between the need to move promptly and the need to develop a factual record sufficient to satisfy the applicable burden in court. Recent Federal Circuit jurisprudence highlights some of the important tactical considerations that parties should account for in shaping a potential transfer strategy, say Rob Isackson and Robert Uriarte of Orrick Herrington & Sutcliffe LLP.

  • Like It Or Not, Injury Lawsuits Can Expose Safety Hazards

    Ben Kelley, FairWarning

    The reality is that regulatory agencies are chronically underfunded, understaffed and hamstrung by slow-moving bureaucratic processes and resistance from industries they regulate. The General Motors ignition switch malfunction and the Toyota “sudden unintended acceleration” hazard show how product injury litigation plays a critical role in exposing hazards that elude regulators and that manufacturers conceal, says former U.S. Department of Transportation official Ben Kelley of FairWarning.

  • ITC On Digital Imports: Takeaways For Software, Media Cos.

    Aarti Shah

    The U.S. International Trade Commission's much-awaited decision in Certain Digital Models confirms that the ITC can provide a powerful remedy for software, publishing and media companies whose intellectual property rights have been violated. However, those wishing to take advantage of this decision should craft their discovery requests carefully, and consider the timing of when they file complaints, says Aarti Shah, a partner with Mintz Levin Cohn Ferris Glovsky and Popeo PC and former senior investigative attorney at the ITC.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • 'Urban Decay' Still Plagues Calif. Big-Box Retail Plans

    Robert D. Thornton

    The latest decision in California's ongoing big-box retail battle came from a state appellate court in California Clean Energy Committee v. City of Woodland, which invalidated the approval of a development project. The reversal highlights a number of important California Environmental Quality Act compliance issues — not least among them mitigating "urban decay" and energy impacts, say Benjamin Rubin and Robert Thornton of Nossaman LLP.

  • Let The Frequent Flyer Beware: Airlines Can Nix Memberships

    Marie E. Williams

    The U.S. Supreme Court recently ruled in Northwest Inc. v. Ginsberg that the Airline Deregulation Act preempts a state-law claim for breach of the implied duty of good faith and fair dealing if the claim seeks to enlarge the contractual obligations of parties. The practical result is that any airline can terminate a frequent flyer membership according to the terms of its contract, without fear of implied duties being applied to it, says Marie Williams of Faegre Baker Daniels LLP.